Guwahati Court September 1959 Judgments
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Ananta Kumar Deb Sarma and ors. Vs. Priyotosh Nandy
Court: Guwahati
Decided on: Sep-11-1959
T.N.R. Tirumalpad, J.C.1. The Petitioners were convicted Under Sections 380 and 454 IPC and sentenced to undergo R.I. for 3 months and to pay a fine of Rs. 100/- by the Munsiff Magistrate, Belonia. The conviction and sentence were upheld in appeal by the Sessions Judge, Tripura. Now they have come up in revision to this Court.2. It is unnecessary to go into the facts in detail in this revision. The Petitioners were said to have wrongfully trespassed into a house belonging to the Complainant-respondent on 16-6-1955 and to have removed his furniture worth about Rs. 250/-. The respondent filed a complaint before the S.D.M. He transferred the case for enquiry to a second class Magistrate one Mr. H. Ghosh who framed the charges Under Sections 380 and 454 IPC and examined 8 prosecution witnesses and questioned the accused Under Section 342 and examined 3 defence witnesses. Then on 23-5-1957 the Magistrate passed an order that as the charge Under Section 354 IPC was triable by a Magistrate o...
Sudhindra Kumar Deb Vs. Gopika Ranjan Datta
Court: Guwahati
Decided on: Sep-08-1959
G. Mehrotra, J.1. This is an application Under Section 439, read with Section 561A, of the Code of Criminal Procedure, against the order of the Sessions Judge, Cachur, affirming the order of the Senior Extra Assistant Commissioner and Magistrate 1st Class, Silchar. The petitioner was the Head Clerk of the Martycherra Tea Estate. An Industrial dispute was referred to the Industrial Tribunal which was disposed of by an award dated 7-11-1955. The Tribunal found that the order of dismissal of the petitioner was unjustified and not bona fide.It is not necessary to give the facts in detail. It , is sufficient to point out that a complaint has been filed by the Secretary of the Eastern Tea Estates (Private) Ltd. before the Magistrate for an offence Under Section 193 of the Indian Penal Code against the petitioner, in respect of certain false evidence given by him before the Industrial Tribunal. A preliminary point was raised by the petitioner before the Magistrate that the proceedings were n...
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